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Claimant's opinion: Augustine Roderiguez did not file the reply to the state's answer in a timely manner and now the state of NM has closed the case...
Claimant's opinion: I borrowed the money to pay Augustine Roderiguez in good faith that he would do his best to represent me but he did not...No I owe $5,000 to someone i know and cannot pay it back because the lawsuit would have resulted in improvements in my health and would have enabled me to get into public housing that would have freed up some money for me to pay it back...but Augustine ripped me off by not doing his best work...
hAD YOU FILED THE RESPONSE TO THE STATE'S ANSWER IN A TIMELY FASHION, THE CASE WOULD PROBABLY HAVE HAD A DIFFERENT OUTCOME...YOU DID NOT FILE THE ANYTHING IN A TIMELY MANNER...IT TOOK YOU MONTHS TO WRITE A SINGLE MOTION...I ASKED YOU TO FILE A RESPONSE TO THE STATE'S ANSWER BUT YOU DID NOT DO THAT...ALSO, YOU NEVER EVEN MENTIONED THAT i DISPUTED THE ACCURACY OF THE ISSUES ON MY RECORD LIKE I HAD TOLD YOU SEVERAL TIMES YOU NEEDED TO DISPUTE...WHY DID YOU NOT DISPUTE THE ACCURACEY OF MY RECORD? THE STATE'S ANSWER SAID THAT I HAD NOT DISPUTED THE ACCURACY OF MY RECORD AND I HAD SPECIFICALLY ASKED YOU TO DO THAT...THEN, YOU DID NOT FILE THE REPLY TO THE STATE'S ANSWER I ASKED YOU TO FILE...I BELIEVE YOU TOOK ADVANTAGE OF THE FACT THAT I AM NOT IN NM AND YOU ARE AND THEREFORE YOU DO NOT HAVE TO DEAL WITH ME FACE TO FACE...IT WAS MY BIG MISTAKE TO TRUST YOU...YOU KNEW I HAD BORROWED THE MONEY TO PAY YOU AND NEEDED A GOOD RESULT BUT YOU DID NOT CARE...YOU TOOK ADVANTAGE OF ME IN MY POOR HEALTH...
ALSO, BY POSTING YOUR REPLY PUBLICLY, YOU VIOLATED THE ATTORNEY CLIENT PRIVILEGE...THIS IS JUST WRONG!...YOU SHOULD HAVE REPLIED AND MARKED YOUR REPLY "KEEP PRIVATE"...NOW I CAN GO TO THE STATE BAR AND COMPLAIN ABOUT YOU, WHICH I WILL DO UNLESS YOU MAKE THIS RIGHT!...THE ONLY WAY TO MAKE THIS RIGHT IS TO REFUND MY MONEY!...
TOMORROW MORNING I WILL CONTACT THE STATE BAR AND LET THEM KNOW YOU VIOLATED THE ATTORNEY CLIENT PRIVILEGE!...I WILL FILE WHATEVER I HAVE TO FILE AGAINST YOU UNLESS YOU MAKE THIS RIGHT!TO MAKE THIS RIGHT YOU MUST REFUND MY MONEY AND CHANGE YOUR REPLIES TO "kEEP PRIVATE"...YOU MUST DO BOTH TO MAKE IT RIGHT!
"Explanation given at bottom.The firm represented Ms. Patricia Long for over a year. The flat fee service we provide to felons to try to expunge their records are in an effort to provide this service to people, since providing this service on an hourly basis would be cost prohibitive to most felons, as we charge $240.00 an hour and representation in an expungement matter would easily go over $15,000.00.In Ms. Patricia Long's case, she was charged and convicted of solicitation of murder in the first degree in case # D-202-CR-2004-00659. Ms. Long had additional convictions following that conviction, to which her petition to expunge were directed.New Mexico does not normally allow expungements and New Mexico does not have a statute of limitations on the expungement of criminal matters. In essence, New Mexico does not provide felons an opportunity to expunge, but the district courts have been known to grant expungements in certain cases.For the most part, we provide this service because although we know that New Mexico and New Mexico courts do not typically do not grant expungements, they are known to happen, and as a matter of policy, our firm believes that felons should get a second chance at rebuilding a life after their debt to society has been paid.Whenever a person calls wanting representation in an expungement matter, we quote a flat fee of $5,000.00 and counsel the potential client that New Mexico and its court's have a policy against granting expungements, and that their reason has to be compelling.In Ms. Patricia Long's case, we decided to take her case because her compelling reason for asking for an expungement, was her medical condition. We went to court with her and presented her matter and informed the court that her medical condition was such that she was not qualifying for benefits, in another state because she was a felon.The first hearing our office represented her in was in December 17, 2014. The court denied her petition to expunge, especially because of the serious nature of the felony charges, i.e., she was trying to hire someone for murder and that person turned out to be a police officer.On January 13, 2015, our office drafted and filed a motion for a new hearing citing other information and contesting the findings of the court. On January 22, 2015, the court rejected that motion.Following the court order, Ms. Long and our office decided to wait and see how her health progressed and maybe do another motion to reconsider once we knew how Ms. Long was doing with her health.By September 30, 2015, Ms. Long's health problems had increased and complicated. By that point, Ms. Long was suffering from additional medical problems and our firm decided that it was again time to file another motion presenting the court with the additional medical information of Ms. Long.Again the court was not swayed and the court denied her third motion and on December 9, 2015 the court denied her third motion. Ms. Long claims that a "response was not filed in a timely manner and therefore the case was closed." That statement is not true. Ms. Long was represented for more than a year, such that had we charged her by the hour, her bill would have been significantly more that the $5000.00 that she was charged.Ms. Long understood that it was very difficult to prove "extenuating circumstances" to convince the court to order an expungement, and we informed her of the difficulties in her case and that we could not guarantee success, when a great majority of the expungement cases are denied.Throughout that year long representation, many conversations were had with Ms. Long and many more emails were exchanged and countless of medical documents from Ms. Long were reviewed. After a year of representation, it is disingenuous for Ms. Long to make the allegations that she is making.Signed,AUGUSTINE M. RODRIGUEZ, ESQ. "
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